Legal Storm Brews Over Insurers’ ‘Binding Restrictions | Insurify - Insurance News | InsuranceNewsNet

InsuranceNewsNet — Your Industry. One Source.™

Sign in
  • Subscribe
  • About
  • Advertise
  • Contact
Home Now reading Property and Casualty News
Topics
    • Advisor News
    • Annuity Index
    • Annuity News
    • Companies
    • Earnings
    • Fiduciary
    • From the Field: Expert Insights
    • Health/Employee Benefits
    • Insurance & Financial Fraud
    • INN Magazine
    • Insiders Only
    • Life Insurance News
    • Newswires
    • Property and Casualty
    • Regulation News
    • Sponsored Articles
    • Washington Wire
    • Videos
    • ———
    • About
    • Advertise
    • Contact
    • Editorial Staff
    • Newsletters
  • Exclusives
  • NewsWires
  • Magazine
  • Newsletters
Sign in or register to be an INNsider.
  • AdvisorNews
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Exclusives
  • INN Magazine
  • Insurtech
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Video
  • Washington Wire
  • Life Insurance
  • Annuities
  • Advisor
  • Health/Benefits
  • Property & Casualty
  • Insurtech
  • About
  • Advertise
  • Contact
  • Editorial Staff

Get Social

  • Facebook
  • X
  • LinkedIn
Newswires
Property and Casualty News RSS Get our newsletter
Order Prints
December 17, 2025 Property and Casualty News
Share
Share
Post
Email

Legal Storm Brews Over Insurers’ ‘Binding Restrictions | Insurify

Staff WriterThe Courier-Times

Should you be able to buy homeowners insurance during a blizzard? Can you purchase flood insurance when you're ankle deep in water? Can you extend your auto policy's damage coverage when hail is forecast for your area?

Insurance companies say "no" to all those questions. They call their right to deny coverage under those circumstances and others "binding restrictions."

Binding restrictions occur when an insurance company temporarily stops issuing new policies in a specific area due to the immediate threat of hurricanes, floods, wildfires, snowstorms, or other potential weather catastrophes. For example, one insurer's website states, "No new homeowners or auto policies may be bound in Florida counties under a hurricane warning."

Insurers protecting themselves

"If [insurers] let that happen unchecked, then they get flooded with immediate claims from the highest-risk folks," Adam Dayan, attorney and founder of Consumer Law Group LLC, told Insurify. "And if people only buy insurance when a wildfire is at their doorstep, the insurer only collects a few months of premium but might have to pay out a huge claim right away."

Insurers argue that binding restrictions are necessary. But legal challenges allege binding restrictions violate consumer rights. Pending litigation could lead to significant changes in insurance practices, affecting how insurers apply restrictions.

One lawsuit seeking class action status is playing out in Massachusetts. The suit claims an insurer unfairly and illegally denied a policyholder's claim under her collision coverage. The insurer invoked its binding restriction due to a National Weather Service flood warning in effect for the area when the woman bought her policy.

The complaint alleges the insurer's decision clashes with the state's consumer protection laws. State regulations list only six situations in which insurers may refuse collision coverage. None of the acceptable situations relates to weather.

The woman's complaint said her insurer "never articulated the lawful basis for this 'binding restriction' and how it could, as a matter of law, supersede statutory authority to the contrary and deprive a Massachusetts consumer of the statutory protections mandated by the legislature."

The average cost of car insurance in Massachusetts is well below the national average, Insurify data shows — $1,751 per year for full coverage vs. $2,402.

The first lawsuit of its kind

The Massachusetts case is the first major lawsuit directly challenging the legality of auto insurance binding restrictions. Most previous cases centered on matters of property insurance. Litigation charged that insurers invoked restrictions indiscriminately or prohibited coverage in entire areas based on ZIP codes, even when some homeowners had taken mitigation measures.

"Expanding the binding restriction boundaries in a particular area to include many different ZIP codes creates an issue for the people who are not exposed to any real risk but who are seeking the same access to coverage as everyone else," said Steve Case, a financial and insurance consultant whom Insurify contacted. "In addition, using an excessive number of binding restrictions is usually an indication of the lack of a well-defined price and plan."

Climate-driven volatility is pushing binding restrictions into legal debate. As weather-related losses increase for auto and home insurers, some companies have applied binding freezes to specific ZIP codes, counties, or weather zones. Consumer advocates raise concerns that these practices will lead to redlining, inconsistent application, and access inequities.

Legal challenges could lead to regulatory changes that would better protect consumers during dangerous weather events and improve access to coverage.

What's next? A future decided in the courts

A judge in the Massachusetts case recently rejected the insurance company's motion to dismiss the case. If the courts agree with plaintiffs, insurers may no longer be able to shut off certain coverages when weather risk spikes.

Consumer groups say such plaintiff success could lead to similar class action lawsuits in California, New York, and Florida, signaling a shift that insurance professionals would monitor closely.

"As a broker, I see these restrictions as the only way for carriers to remain in high-risk states such as California," said Michael Benoit, founder of California Contractor Bond & Insurance Services. "If regulations forbid insurers from pausing coverage during a wildfire or hurricane, I am certain they would simply stop writing business in those regions permanently."

Meanwhile, insurance consultant Case says consumers can actually benefit from binding restrictions by keeping insurance more affordable.

Older

Bitcoin recovers to $87,000 ahead of US CPI data as inflation print could shape Fed policy

Newer

Republican health care plan would reduce premiums by 11%, CBO says

Advisor News

  • Principal builds momentum for 2026 after a strong Q4
  • Planning for a retirement that could last to age 100
  • Tax filing season is a good time to open a Trump Account
  • Why aligning wealth and protection strategies will define 2026 planning
  • Finseca and IAQFP announce merger
More Advisor News

Annuity News

  • Half of retirees fear running out of money, MetLife finds
  • Planning for a retirement that could last to age 100
  • Annuity check fraud: What advisors should tell clients
  • Allianz Life Launches Fixed Index Annuity Content on Interactive Tool
  • Great-West Life & Annuity Insurance Company Trademark Application for “SMART WEIGHTING” Filed: Great-West Life & Annuity Insurance Company
More Annuity News

Health/Employee Benefits News

  • House Republicans subpoena health insurers for Obamacare fraud investigation
  • Stop VA Claim Sharks: Why MOAA Backs the GUARD VA Benefits Act
  • Soaring health insurance costs, revenue shortfalls put pressure on Auburn's budget
  • Medicare Moments: Are clinical trial prescriptions covered by Medicare?
  • Blue Cross Blue Shield settlement to start payouts from $2.67 billion class-action suit
More Health/Employee Benefits News

Life Insurance News

  • The insurance industry must embrace change like never before
  • With recent offerings, life insurance goes high-tech
  • Symetra Launches New Chapter of ‘Plan Well, Play Well’ Campaign With Sue Bird
  • Best’s Market Segment Report: Caribbean Insurers’ Reinsurance Costs and Capacity Constraints Moderate, Although Climate Vulnerability Remains
  • Outlook 2026: With recent offerings, life insurance goes high-tech
Sponsor
More Life Insurance News

- Presented By -

Top Read Stories

More Top Read Stories >

NEWS INSIDE

  • Companies
  • Earnings
  • Economic News
  • INN Magazine
  • Insurtech News
  • Newswires Feed
  • Regulation News
  • Washington Wire
  • Videos

FEATURED OFFERS

Elevate Your Practice with Pacific Life
Taking your business to the next level is easier when you have experienced support.

LIMRA’s Distribution and Marketing Conference
Attend the premier event for industry sales and marketing professionals

Get up to 1,000 turning 65 leads
Access your leads, plus engagement results most agents don’t see.

What if Your FIA Cap Didn’t Reset?
CapLock™ removes annual cap resets for clearer planning and fewer surprises.

Press Releases

  • LIDP Named Top Digital-First Insurance Solution 2026 by Insurance CIO Outlook
  • Finseca & IAQFP Announce Unification to Strengthen Financial Planning
  • Prosperity Life Group Appoints Nick Volpe as Chief Technology Officer
  • Prosperity Life Group appoints industry veteran Rona Guymon as President, Retail Life and Annuity
  • Financial Independence Group Marks 50 Years of Growth, Innovation, and Advisor Support
More Press Releases > Add Your Press Release >

How to Write For InsuranceNewsNet

Find out how you can submit content for publishing on our website.
View Guidelines

Topics

  • Advisor News
  • Annuity Index
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • From the Field: Expert Insights
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Magazine
  • Insiders Only
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Washington Wire
  • Videos
  • ———
  • About
  • Advertise
  • Contact
  • Editorial Staff
  • Newsletters

Top Sections

  • AdvisorNews
  • Annuity News
  • Health/Employee Benefits News
  • InsuranceNewsNet Magazine
  • Life Insurance News
  • Property and Casualty News
  • Washington Wire

Our Company

  • About
  • Advertise
  • Contact
  • Meet our Editorial Staff
  • Magazine Subscription
  • Write for INN

Sign up for our FREE e-Newsletter!

Get breaking news, exclusive stories, and money- making insights straight into your inbox.

select Newsletter Options
Facebook Linkedin Twitter
© 2026 InsuranceNewsNet.com, Inc. All rights reserved.
  • Terms & Conditions
  • Privacy Policy
  • InsuranceNewsNet Magazine

Sign in with your Insider Pro Account

Not registered? Become an Insider Pro.
Insurance News | InsuranceNewsNet